mikestilly
Regular Member
imported post
McDonald v. Chicago Oral arguments are scheduled for March 2, 2010 and NRA v. Chicago
Regulations Challenged
The NRA case is focused on the fact that Chicago's gun registration laws do not allow the registration of handguns.
McDonald challenges four broad aspects of Chicago's gun registration law, which, according to the plaintiffs:[12]
Prohibit the registration of handguns, thus effecting a broad handgun ban
Require that guns be registered prior to their acquisition by Chicago residents, which is not always feasible
Mandate that guns be re-registered on an annual basis, including the payment of a fee
Render any gun permanently non-registerable if its registration lapses
Legal Basis for Incorporation
All of the post-Heller cases, including McDonald, NRA v. Chicago, Nordyke and Maloney, have argued that the Second Amendment, in addition applying to federal jurisdictions, should also be applied against state and local governments, using a judicial process called Selective Incorporation. Selective Incorporation involves convincing the court that a right is "fundamental" by being “implicit in the concept of ordered liberty” or “deeply rooted in our nation’s history and traditions” as defined most recently in the 1968 Supreme Court case Duncan v. Louisiana.
In addition to claiming the Second Amendment should be incorporated through the selective incorporation process, McDonald is unique among post-Heller gun cases in that it is asking the court to overturn the 1873 Slaughter-House Cases. Slaughter-House determined that the 14th Amendment's Privileges or Immunities Clause did not apply the Bill of Rights to the actions of states (and by extension, local governments). If overturned, the Selective Incorporation process would be moot and unnecessary, as the entire Bill of Rights, including the 2nd Amendment, would be applied against the states.
In attempting to overturn Slaughter-House, this case has garnered the attention and support of liberal legal scholars interested in its potential application in areas outside of firearms law. Their interest is that if Slaughter-House is overturned, it is possible that constitutional guarantees such as the right to a jury in civil cases, right to a grand jury in felony cases, and other parts of the Bill of Rights, as well as future court rulings and existing federal precedent, not universally guaranteed in actions by the states, would be applied against the states automatically.
McDonald Petition for Certiorari
http://www.chicagoguncase.com/wp-content/uploads/2009/06/mcdonald_cert_petition1.pdf
NRA Petition for Certiorari
http://www.scotusblog.com/wp/wp-content/uploads/2009/06/certpetitionchicago.pdf
Chicago Brief in Opposition to Cert Petition
http://www.chicagoguncase.com/wp-content/uploads/2009/08/chicago_bio.pdf
Amicus curiae briefs
Thirty-three amicus curiae ("friend of the court") briefs for this case have been filed with the Clerk of the Supreme Court.[16]
One of these briefs was filed by U.S. senators Kay Bailey Hutchinson (R, TX) and John Tester (D, MT) and U.S. representatives Mark Souder (R, IN) and Mike Ross (D, AR) asking the Supreme Court to find in favor of the petitioners and rule that the Second Amendment does apply to the states.[17] The brief was signed by 58 senators and 251 representatives, more members of Congress than any amicus curiae brief in history
McDonald v. Chicago Oral arguments are scheduled for March 2, 2010 and NRA v. Chicago
Regulations Challenged
The NRA case is focused on the fact that Chicago's gun registration laws do not allow the registration of handguns.
McDonald challenges four broad aspects of Chicago's gun registration law, which, according to the plaintiffs:[12]
Prohibit the registration of handguns, thus effecting a broad handgun ban
Require that guns be registered prior to their acquisition by Chicago residents, which is not always feasible
Mandate that guns be re-registered on an annual basis, including the payment of a fee
Render any gun permanently non-registerable if its registration lapses
Legal Basis for Incorporation
All of the post-Heller cases, including McDonald, NRA v. Chicago, Nordyke and Maloney, have argued that the Second Amendment, in addition applying to federal jurisdictions, should also be applied against state and local governments, using a judicial process called Selective Incorporation. Selective Incorporation involves convincing the court that a right is "fundamental" by being “implicit in the concept of ordered liberty” or “deeply rooted in our nation’s history and traditions” as defined most recently in the 1968 Supreme Court case Duncan v. Louisiana.
In addition to claiming the Second Amendment should be incorporated through the selective incorporation process, McDonald is unique among post-Heller gun cases in that it is asking the court to overturn the 1873 Slaughter-House Cases. Slaughter-House determined that the 14th Amendment's Privileges or Immunities Clause did not apply the Bill of Rights to the actions of states (and by extension, local governments). If overturned, the Selective Incorporation process would be moot and unnecessary, as the entire Bill of Rights, including the 2nd Amendment, would be applied against the states.
In attempting to overturn Slaughter-House, this case has garnered the attention and support of liberal legal scholars interested in its potential application in areas outside of firearms law. Their interest is that if Slaughter-House is overturned, it is possible that constitutional guarantees such as the right to a jury in civil cases, right to a grand jury in felony cases, and other parts of the Bill of Rights, as well as future court rulings and existing federal precedent, not universally guaranteed in actions by the states, would be applied against the states automatically.
McDonald Petition for Certiorari
http://www.chicagoguncase.com/wp-content/uploads/2009/06/mcdonald_cert_petition1.pdf
NRA Petition for Certiorari
http://www.scotusblog.com/wp/wp-content/uploads/2009/06/certpetitionchicago.pdf
Chicago Brief in Opposition to Cert Petition
http://www.chicagoguncase.com/wp-content/uploads/2009/08/chicago_bio.pdf
Amicus curiae briefs
Thirty-three amicus curiae ("friend of the court") briefs for this case have been filed with the Clerk of the Supreme Court.[16]
One of these briefs was filed by U.S. senators Kay Bailey Hutchinson (R, TX) and John Tester (D, MT) and U.S. representatives Mark Souder (R, IN) and Mike Ross (D, AR) asking the Supreme Court to find in favor of the petitioners and rule that the Second Amendment does apply to the states.[17] The brief was signed by 58 senators and 251 representatives, more members of Congress than any amicus curiae brief in history